A district judge has thrown out a lawsuit challenging local authority to approve an under-construction bus rapid transit project in Utah.
"A 4th District judge on Monday derailed a lawsuit seeking to allow Provo voters to halt a controversial $190 million bus rapid transit (BRT) project already under construction," reports Lee Davidson
The lawsuit was enabled by a provision in the Utah Constitution that allows residents to collect signatures "to force an election about overturning any legislative action by a city council," according to Davidson. Administrative acts, however, "are exempt from challenge via referendum."
In effect, "Judge Samuel McVey upheld Provo's contention that when its City Council last year approved a no-cost 50-year lease to allow the Utah Transit Authority to use some city streets for the project, that was an administrative act — not legislative."
As for the bus rapid transit project in question, the Provo-Orem MAX route will travel 10.5 miles, connecting Utah Valley University, University Mall, Brigham Young University, downtown Provo, and the Provo Centre mall. Buses will travel about half the route on dedicated lanes.
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